- Summary
- Actions
- Committee Votes
- Floor Votes
- Memo
- Text
- LFIN
- Chamber Video/Transcript
A01261 Summary:
BILL NO | A01261 |
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SAME AS | SAME AS S03603 |
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SPONSOR | Kelles |
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COSPNSR | |
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MLTSPNSR | |
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Add Art 31-I §§1449-aaaaaaa - 1449-ppppppp, Tax L | |
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Authorizes the county of Cortland to impose a tax of one dollar per five hundred dollars on real estate transfers. |
A01261 Actions:
BILL NO | A01261 | |||||||||||||||||||||||||||||||||||||||||||||||||
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01/13/2023 | referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
05/16/2023 | reported referred to rules | |||||||||||||||||||||||||||||||||||||||||||||||||
05/17/2023 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
05/17/2023 | rules report cal.138 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/17/2023 | ordered to third reading rules cal.138 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/17/2023 | home rule request | |||||||||||||||||||||||||||||||||||||||||||||||||
05/17/2023 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/17/2023 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/17/2023 | REFERRED TO BUDGET AND REVENUE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/08/2023 | SUBSTITUTED FOR S3603 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/08/2023 | 3RD READING CAL.733 | |||||||||||||||||||||||||||||||||||||||||||||||||
06/08/2023 | HOME RULE REQUEST | |||||||||||||||||||||||||||||||||||||||||||||||||
06/08/2023 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
06/08/2023 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
10/13/2023 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
10/25/2023 | signed chap.541 |
A01261 Committee Votes:
Weinstein | Aye | Ra | Nay | ||||||
Glick | Aye | Fitzpatrick | Nay | ||||||
Pretlow | Aye | Hawley | Nay | ||||||
Colton | Aye | Blankenbush | Nay | ||||||
Cook | Aye | Norris | Nay | ||||||
Aubry | Aye | Brabenec | Nay | ||||||
Benedetto | Aye | Palmesano | Nay | ||||||
Weprin | Aye | Walsh | Nay | ||||||
Ramos | Aye | DeStefano | Nay | ||||||
Braunstein | Aye | Manktelow | Nay | ||||||
McDonald | Aye | Smullen | Nay | ||||||
Rozic | Aye | ||||||||
Dinowitz | Aye | ||||||||
Joyner | Aye | ||||||||
Magnarelli | Aye | ||||||||
Zebrowski | Aye | ||||||||
Bronson | Aye | ||||||||
Dilan | Aye | ||||||||
Seawright | Aye | ||||||||
Hyndman | Aye | ||||||||
Walker | Excused | ||||||||
Bichotte Hermel | Aye | ||||||||
Simon | Aye | ||||||||
Cruz | Aye | ||||||||
Heastie | Excused | Barclay | Aye | ||||||
Weinstein | Aye | Hawley | Aye | ||||||
Pretlow | Aye | Giglio | Aye | ||||||
Cook | Aye | Blankenbush | Aye | ||||||
Glick | Aye | Norris | Nay | ||||||
Aubry | Aye | Ra | Nay | ||||||
Dinowitz | Aye | Brabenec | Aye | ||||||
Colton | Aye | Palmesano | Aye | ||||||
Magnarelli | Aye | Reilly | Aye | ||||||
Paulin | Aye | ||||||||
Peoples-Stokes | Aye | ||||||||
Benedetto | Aye | ||||||||
Lavine | Aye | ||||||||
Lupardo | Aye | ||||||||
Zebrowski | Aye | ||||||||
Thiele | Aye | ||||||||
Braunstein | Aye | ||||||||
Dickens | Excused | ||||||||
Davila | Aye | ||||||||
Hyndman | Aye | ||||||||
Rozic | Aye | ||||||||
Bronson | Aye | ||||||||
Go to top
A01261 Floor Votes:
Yes
Alvarez
Yes
Carroll
No
Flood
Yes
Kim
Yes
Palmesano
No
Simpson
Yes
Anderson
Yes
Chandler-Waterm
Yes
Forrest
Yes
Lavine
Yes
Paulin
No
Slater
No
Angelino
Yes
Chang
No
Friend
Yes
Lee
No
Peoples-Stokes
No
Smith
Yes
Ardila
Yes
Clark
Yes
Gallagher
No
Lemondes
Yes
Pheffer Amato
No
Smullen
Yes
Aubry
Yes
Colton
Yes
Gallahan
Yes
Levenberg
No
Pirozzolo
Yes
Solages
Yes
Barclay
No
Conrad
No
Gandolfo
Yes
Lucas
Yes
Pretlow
Yes
Steck
No
Barrett
Yes
Cook
Yes
Gibbs
No
Lunsford
Yes
Ra
No
Stern
Yes
Beephan
Yes
Cruz
No
Giglio JA
Yes
Lupardo
Yes
Raga
No
Stirpe
No
Bendett
Yes
Cunningham
Yes
Giglio JM
Yes
Magnarelli
Yes
Rajkumar
No
Tague
Yes
Benedetto
No
Curran
Yes
Glick
Yes
Maher
No
Ramos
No
Tannousis
Yes
Bichotte Hermel
Yes
Darling
Yes
Gonzalez-Rojas
Yes
Mamdani
No
Reilly
Yes
Tapia
Yes
Blankenbush
Yes
Davila
No
Goodell
Yes
Manktelow
Yes
Reyes
ER
Taylor
No
Blumencranz
Yes
De Los Santos
No
Gray
Yes
McDonald
Yes
Rivera
Yes
Thiele
Yes
Bores
No
DeStefano
No
Gunther
ER
McDonough
Yes
Rosenthal D
Yes
Vanel
No
Brabenec
ER
Dickens
Yes
Hawley
No
McGowan
Yes
Rosenthal L
Yes ‡
Walker
Yes
Braunstein
Yes
Dilan
Yes
Hevesi
No
McMahon
Yes
Rozic
No
Wallace
Yes
Bronson
Yes
Dinowitz
Yes
Hunter
Yes
Meeks
No
Santabarbara
No
Walsh
No
Brook-Krasny
No ‡
DiPietro
Yes
Hyndman
No
Mikulin
Yes
Sayegh
Yes
Weinstein
No
Brown E
No
Durso
Yes
Jackson
Yes
Miller
Yes
Seawright
Yes
Weprin
No
Brown K
No
Eachus
Yes
Jacobson
Yes
Mitaynes
Yes
Septimo
Yes
Williams
Yes
Burdick
No
Eichenstein
Yes
Jean-Pierre
No
Morinello
Yes
Shimsky
Yes
Woerner
Yes
Burgos
Yes
Epstein
No
Jensen
No
Norris
Yes
Shrestha
ER
Zaccaro
No ‡
Burke
Yes
Fahy
Yes
Jones
No
Novakhov
Yes
Sillitti
Yes
Zebrowski
No
Buttenschon
Yes
Fall
Yes
Joyner
Yes
O'Donnell
Yes
Simon
Yes
Zinerman
Yes
Byrnes
No
Fitzpatrick
Yes
Kelles
Yes
Otis
Yes
Simone
Yes
Mr. Speaker
‡ Indicates voting via videoconference
A01261 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 1261 2023-2024 Regular Sessions IN ASSEMBLY January 13, 2023 ___________ Introduced by M. of A. KELLES -- read once and referred to the Committee on Ways and Means AN ACT to amend the tax law, in relation to authorizing the county of Cortland to impose a tax on real estate transfers; and providing for the repeal of such provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The tax law is amended by adding a new article 31-I to read 2 as follows: 3 ARTICLE 31-I 4 TAX ON REAL ESTATE TRANSFERS 5 IN THE COUNTY OF CORTLAND 6 Section 1449-aaaaaaa. Definitions. 7 1449-bbbbbbb. Imposition of tax. 8 1449-ccccccc. Payment of tax. 9 1449-ddddddd. Liability for tax. 10 1449-eeeeeee. Exemptions. 11 1449-fffffff. Credit. 12 1449-ggggggg. Cooperative housing corporation transfers. 13 1449-hhhhhhh. Designation of agents. 14 1449-iiiiiii. Liability of recording officer. 15 1449-jjjjjjj. Refunds. 16 1449-kkkkkkk. Deposit and disposition of revenue. 17 1449-lllllll. Judicial review. 18 1449-mmmmmmm. Apportionment. 19 1449-nnnnnnn. Miscellaneous. 20 1449-ooooooo. Returns to be secret. 21 1449-ppppppp. Foreclosure. 22 § 1449-aaaaaaa. Definitions. When used in this article, unless other- 23 wise expressly stated: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03454-01-3A. 1261 2 1 1. "Person" means an individual, partnership, society, association, 2 joint stock company, corporation, estate, receiver, trustee, assignee, 3 referee or any other person acting in a fiduciary or representative 4 capacity, whether appointed by a court or otherwise, any combination of 5 individuals, and any other form of unincorporated enterprise owned or 6 conducted by two or more persons. 7 2. "Controlling interest" means (a) in the case of a corporation, 8 either fifty percent or more of the total combined voting power of all 9 classes of stock of such corporation, or fifty percent or more of the 10 capital, profits or beneficial interest in such voting stock of such 11 corporation, and (b) in the case of a partnership, association, trust or 12 other entity, fifty percent or more of the capital, profits or benefi- 13 cial interest in such partnership, association, trust or other entity. 14 3. "Real property" means every estate or right, legal or equitable, 15 present or future, vested or contingent, in lands, tenements or heredi- 16 taments, including buildings, structures and other improvements thereon, 17 which are located in whole or in part within the county of Cortland. It 18 shall not include rights to sepulture. 19 4. "Consideration" means the price actually paid or required to be 20 paid for the real property or interest therein, including payment for an 21 option or contract to purchase real property, whether or not expressed 22 in the deed and whether paid or required to be paid by money, property, 23 or any other thing of value. It shall include the cancellation or 24 discharge of an indebtedness or obligation. It shall also include the 25 amount of any mortgage, purchase money mortgage, lien or other encum- 26 brance, whether or not the underlying indebtedness is assumed or taken 27 subject to. 28 (a) In the case of a creation of a leasehold interest or the granting 29 of an option with use and occupancy of real property, consideration 30 shall include, but not be limited to, the value of the rental and other 31 payments attributable to the use and occupancy of the real property or 32 interest therein, the value of any amount paid for an option to purchase 33 or renew and the value of rental or other payments attributable to the 34 exercise of any option to renew. 35 (b) In the case of a creation of a subleasehold interest, consider- 36 ation shall include, but not be limited to, the value of the sublease 37 rental payments attributable to the use and occupancy of the real prop- 38 erty, the value of any amount paid for an option to renew and the value 39 of rental or other payments attributable to the exercise of any option 40 to renew less the value of the remaining prime lease rental payments 41 required to be made. 42 (c) In the case of a controlling interest in any entity that owns real 43 property, consideration shall mean the fair market value of the real 44 property or interest therein, apportioned based on the percentage of the 45 ownership interest transferred or acquired in the entity. 46 (d) In the case of an assignment or surrender of a leasehold interest 47 or the assignment or surrender of an option or contract to purchase real 48 property, consideration shall not include the value of the remaining 49 rental payments required to be made pursuant to the terms of such lease 50 or the amount to be paid for the real property pursuant to the terms of 51 the option or contract being assigned or surrendered. 52 (e) In the case of (1) the original conveyance of shares of stock in a 53 cooperative housing corporation in connection with the grant or transfer 54 of a proprietary leasehold by the cooperative corporation or cooperative 55 plan sponsor and (2) the subsequent conveyance by the owner thereof of 56 such stock in a cooperative housing corporation in connection with theA. 1261 3 1 grant or transfer of a proprietary leasehold for a cooperative unit 2 other than an individual residential unit, consideration shall include a 3 proportionate share of the unpaid principal of any mortgage on the real 4 property of the cooperative housing corporation comprising the cooper- 5 ative dwelling or dwellings. Such share shall be determined by multiply- 6 ing the total unpaid principal of the mortgage by a fraction, the numer- 7 ator of which shall be the number of shares of stock being conveyed in 8 the cooperative housing corporation in connection with the grant or 9 transfer of a proprietary leasehold and the denominator of which shall 10 be the total number of shares of stock in the cooperative housing corpo- 11 ration. 12 5. "Conveyance" means the transfer or transfers of any interest in 13 real property by any method, including but not limited to, sale, 14 exchange, assignment, surrender, mortgage foreclosure, transfer in lieu 15 of foreclosure, option, trust indenture, taking by eminent domain, 16 conveyance upon liquidation or by a receiver, or transfer or acquisition 17 of a controlling interest in any entity with an interest in real proper- 18 ty. Transfer of an interest in real property shall include the creation 19 of a leasehold or sublease only where (a) the sum of the term of the 20 lease or sublease and any options for renewal exceeds forty-nine years, 21 (b) substantial capital improvements are or may be made by or for the 22 benefit of the lessee or sublessee, and (c) the lease or sublease is for 23 substantially all of the premises constituting the real property. 24 Notwithstanding the foregoing, conveyance of real property shall not 25 include the creation, modification, extension, spreading, severance, 26 consolidation, assignment, transfer, release or satisfaction of a mort- 27 gage; a mortgage subordination agreement, a mortgage severance agree- 28 ment, an instrument given to perfect or correct a recorded mortgage; or 29 a release of lien of tax pursuant to this chapter or the internal reven- 30 ue code. 31 6. "Interest in the real property" includes title in fee, a leasehold 32 interest, a beneficial interest, an encumbrance, development rights, air 33 space and air rights, or any other interest with the right to use or 34 occupancy of real property or the right to receive rents, profits or 35 other income derived from real property. It shall also include an option 36 or contract to purchase real property. It shall not include a right of 37 first refusal to purchase real property. 38 7. "Grantor" means the person making the conveyance of real property 39 or interest therein. Where the conveyance consists of a transfer or an 40 acquisition of a controlling interest in an entity with an interest in 41 real property, "grantor" means the entity with an interest in real prop- 42 erty or a shareholder or partner transferring stock or partnership 43 interest. 44 8. "Grantee" means the person who obtains real property or interest 45 therein as a result of a conveyance. 46 9. "Recording officer" means the county clerk of the county of Cort- 47 land. 48 10. "Treasurer" means the chief fiscal officer of the county of Cort- 49 land. 50 § 1449-bbbbbbb. Imposition of tax. Notwithstanding any other 51 provisions of law to the contrary, the county of Cortland, acting 52 through its local legislative body, is hereby authorized and empowered 53 to adopt and amend local laws imposing in such county a tax on each 54 conveyance of real property or interest therein when the consideration 55 exceeds five hundred dollars, at the rate of one dollar for each five 56 hundred dollars or fractional part thereof. Such local law may apply toA. 1261 4 1 any conveyance occurring on or after the date designated by such legis- 2 lative body, but shall not apply to conveyances made on or after such 3 date pursuant to binding written contracts entered into prior to such 4 date, provided that the date of execution of such contract is confirmed 5 by independent evidence such as the recording of the contract, payment 6 of a deposit or other facts and circumstances as determined by the trea- 7 surer. 8 § 1449-ccccccc. Payment of tax. 1. The real estate transfer tax 9 imposed pursuant to this article shall be paid to the treasurer or the 10 recording officer acting as the agent of the treasurer. Such tax shall 11 be paid at the same time as the real estate transfer tax imposed by 12 article thirty-one of this chapter is required to be paid. Such treasur- 13 er or recording officer shall endorse upon each deed or instrument 14 effecting a conveyance a receipt for the amount of the tax so paid. 15 2. A return shall be required to be filed with such treasurer or 16 recording officer for purposes of the real estate transfer tax imposed 17 pursuant to this article at the same time as a return is required to be 18 filed for purposes of the real estate transfer tax imposed by article 19 thirty-one of this chapter. The return, for purposes of the real estate 20 transfer tax imposed pursuant to this article, shall be a photocopy or 21 carbon copy of the real estate transfer tax return required to be filed 22 pursuant to section fourteen hundred nine of this chapter. However, 23 when an apportionment is required to be made pursuant to section four- 24 teen hundred forty-nine-mmmmmmm of this article, a supplemental form 25 shall also be required to be filed. The real estate transfer tax returns 26 and supplemental forms required to be filed pursuant to this section 27 shall be preserved for three years and thereafter until such treasurer 28 or recording officer orders them to be destroyed. 29 3. The recording officer shall not record an instrument effecting a 30 conveyance unless the return required by this section has been filed and 31 the tax imposed pursuant to this article shall have been paid as 32 provided in this section. 33 § 1449-ddddddd. Liability for tax. 1. The real estate transfer tax 34 shall be paid by the grantor. If the grantor has failed to pay the tax 35 imposed pursuant to this article or if the grantor is exempt from such 36 tax, the grantee shall have the duty to pay the tax. Where the grantee 37 has the duty to pay the tax because the grantor has failed to pay, such 38 tax shall be the joint and several liability of the grantor and the 39 grantee. 40 2. For the purpose of the proper administration of this article and to 41 prevent evasion of the tax hereby authorized, it shall be presumed that 42 all conveyances are taxable. Where the consideration includes property 43 other than money, it shall be presumed that the consideration is the 44 fair market value of the real property or interest therein. These 45 presumptions shall prevail until the contrary is proven, and the burden 46 of proving the contrary shall be on the person liable for payment of the 47 tax. 48 § 1449-eeeeeee. Exemptions. 1. The following shall be exempt from 49 payment of the real estate transfer tax: 50 (a) The state of New York, or any of its agencies, instrumentalities, 51 political subdivisions, or public corporations (including a public 52 corporation created pursuant to agreement or compact with another state 53 or the Dominion of Canada). 54 (b) The United Nations, the United States of America and any of its 55 agencies and instrumentalities.A. 1261 5 1 The exemption of such governmental bodies or persons shall not, howev- 2 er, relieve a grantee from them of liability for the tax. 3 2. The tax shall not apply to any of the following conveyances: 4 (a) Conveyances to the United Nations, the United States of America, 5 the state of New York, or any of their instrumentalities, agencies or 6 political subdivisions (or any public corporation, including a public 7 corporation created pursuant to agreement or compact with another state 8 or the Dominion of Canada); 9 (b) Conveyances which are or were used to secure a debt or other obli- 10 gation; 11 (c) Conveyances which, without additional consideration, confirm, 12 correct, modify or supplement a prior conveyance; 13 (d) Conveyances of real property without consideration and otherwise 14 than in connection with a sale, including conveyances conveying realty 15 as bona fide gifts; 16 (e) Conveyances given in connection with a tax sale; 17 (f) Conveyances to effectuate a mere change of identity or form of 18 ownership or organization where there is no change in beneficial owner- 19 ship, other than conveyances to a cooperative housing corporation of the 20 real property comprising the cooperative dwelling or dwellings; 21 (g) Conveyances which consist of a deed of partition; 22 (h) Conveyances given pursuant to the federal bankruptcy act; 23 (i) Conveyances of real property which consist of the execution of a 24 contract to sell real property without the use or occupancy of such 25 property or the granting of an option to purchase real property without 26 the use or occupancy of such property; and 27 (j) Conveyances of an option or contract to purchase real property 28 with the use or occupancy of such property where the consideration is 29 less than two hundred thousand dollars and such property was used solely 30 by the grantor as his personal residence and consists of a one, two or 31 three-family house, an individual residential condominium unit or the 32 sale of stock in a cooperative housing corporation in connection with 33 the grant or transfer of a proprietary leasehold covering an individual 34 residential cooperative unit. 35 § 1449-fffffff. Credit. A grantor shall be allowed a credit against 36 the tax due on a conveyance of real property to the extent tax was paid 37 by such grantor on a prior creation of a leasehold of all or a portion 38 of the same real property or on the granting of an option or contract to 39 purchase all or a portion of the same real property, by such grantor. 40 Such credit shall be computed by multiplying the tax paid on the 41 creation of the leasehold or on the granting of the option or contract 42 by a fraction, the numerator of which is the value of the consideration 43 used to compute such tax paid which is not yet due to such grantor on 44 the date of the subsequent conveyance (and which such grantor will not 45 be entitled to receive after such date), and the denominator of which is 46 the total value of the consideration used to compute such tax paid. 47 § 1449-ggggggg. Cooperative housing corporation transfers. 1. 48 Notwithstanding the definition of "controlling interest" contained in 49 subdivision two of section fourteen hundred forty-nine-aaaaaaa of this 50 article or anything to the contrary contained in subdivision five of 51 section fourteen hundred forty-nine-aaaaaaa of this article, the tax 52 imposed pursuant to this article shall apply to (a) the original convey- 53 ance of shares of stock in a cooperative housing corporation in 54 connection with the grant or transfer of a proprietary leasehold by the 55 cooperative corporation or cooperative plan sponsor, and (b) the subse- 56 quent conveyance of such stock in a cooperative housing corporation inA. 1261 6 1 connection with the grant or transfer of a proprietary leasehold by the 2 owner thereof. With respect to any such subsequent conveyance where the 3 property is an individual residential unit, the consideration for the 4 interest conveyed shall exclude the value of any liens on certificates 5 of stock or other evidences of an ownership interest in and a proprie- 6 tary lease from a corporation or partnership formed for the purpose of 7 cooperative ownership of residential interest in real estate remaining 8 thereon at the time of conveyance. In determining the tax on a convey- 9 ance described in paragraph (a) of this subdivision, a credit shall be 10 allowed for a proportionate part of the amount of any tax paid upon the 11 conveyance to the cooperative housing corporation of the real property 12 comprising the cooperative dwelling or dwellings to the extent that such 13 conveyance effectuated a mere change of identity or form of ownership of 14 such property and not a change in the beneficial ownership of such prop- 15 erty. The amount of the credit shall be determined by multiplying the 16 amount of tax paid upon the conveyance to the cooperative housing corpo- 17 ration by a percentage representing the extent to which such conveyance 18 effectuated a mere change of identity or form of ownership and not a 19 change in the beneficial ownership of such property, and then multiply- 20 ing the resulting product by a fraction, the numerator of which shall be 21 the number of shares of stock conveyed in a transaction described in 22 paragraph (a) of this subdivision and the denominator of which shall be 23 the total number of shares of stock of the cooperative housing corpo- 24 ration (including any stock held by the corporation). In no event, 25 however, shall such credit reduce the tax, on a conveyance described in 26 paragraph (a) of this subdivision, below zero, nor shall any such credit 27 be allowed for a tax paid more than twenty-four months prior to the date 28 on which occurs the first in a series of conveyances of shares of stock 29 in an offering of cooperative housing corporation shares described in 30 paragraph (a) of this subdivision. 31 2. Every cooperative housing corporation shall be required to file an 32 information return with the treasurer by July fifteenth of each year 33 covering the preceding period of January first through June thirty-first 34 and by January fifteenth of each year covering the preceding period of 35 July first through December thirty-first. The return shall contain such 36 information regarding the conveyance of shares of stock in the cooper- 37 ative housing corporation as the treasurer may deem necessary, includ- 38 ing, but not limited to, the names, addresses and employee identifica- 39 tion numbers or social security numbers of the grantor and the grantee, 40 the number of shares conveyed, the date of the conveyance and the 41 consideration paid for such conveyance. 42 § 1449-hhhhhhh. Designation of agents. The treasurer is authorized to 43 designate the recording officer to act as its agent for purposes of 44 collecting the tax authorized by this article. The treasurer shall 45 provide for the manner in which such person may be designated as its 46 agent subject to such terms and conditions as it shall prescribe. The 47 real estate transfer tax shall be paid to such agent as provided in 48 section fourteen hundred forty-nine-ccccccc of this article. 49 § 1449-iiiiiii. Liability of recording officer. A recording officer 50 shall not be liable for any inaccuracy in the amount of tax imposed 51 pursuant to this article that he shall collect so long as he shall 52 compute and collect such tax on the amount of consideration or the value 53 of the interest conveyed as such amounts are provided to him or her by 54 the person paying the tax. 55 § 1449-jjjjjjj. Refunds. Whenever the treasurer shall determine that 56 any moneys received under the provisions of the local law enacted pursu-A. 1261 7 1 ant to this article were paid in error, it may cause such moneys to be 2 refunded pursuant to such rules and regulations it may prescribe, 3 provided any application for such refund is filed with the treasurer 4 within two years from the date the erroneous payment was made. When 5 making any findings or determinations the treasurer may rely upon any 6 findings or determinations of the commissioner and any rules and regu- 7 lations promulgated pursuant to article thirty-one of this chapter. 8 § 1449-kkkkkkk. Deposit and disposition of revenue. All taxes 9 collected or received by the treasurer or his duly authorized agent 10 under the provisions of the local law enacted pursuant to this article 11 shall be deposited in accordance with provisions of a local law adopted 12 by the legislative body of the county of Cortland which local law shall 13 designate proper officers to be responsible for deposit of revenue 14 collected or received under this article. Such local law shall also 15 provide that any officer designated to collect, receive, or deposit such 16 revenue shall maintain a system of accounts showing the revenue 17 collected or received from the tax imposed pursuant to this article. 18 Such local law shall also provide that all revenue derived from the 19 imposition of such tax shall be deposited into the general fund of the 20 county of Cortland and shall be used for purposes deemed appropriate by 21 the legislative body of the county of Cortland. 22 § 1449-lllllll. Judicial review. 1. Any final determination of the 23 amount of any tax payable under section fourteen hundred forty-nine- 24 ccccccc of this article shall be reviewable for error, illegality or 25 unconstitutionality or any other reason whatsoever by a proceeding under 26 article seventy-eight of the civil practice law and rules if application 27 therefor is made to the supreme court within four months after the 28 giving of the notice of such final determination, provided, however, 29 that any such proceeding under article seventy-eight of the civil prac- 30 tice law and rules shall not be instituted unless (a) the amount of any 31 tax sought to be reviewed, with such interest and penalties thereon as 32 may be provided for by local law shall be first deposited and there is 33 filed an undertaking, issued by a surety company authorized to transact 34 business in this state and approved by the superintendent of financial 35 services of this state as to solvency and responsibility, in such amount 36 as a justice of the supreme court shall approve to the effect that if 37 such proceeding be dismissed or the tax confirmed the petitioner will 38 pay all costs and charges which may accrue in the prosecution of such 39 proceeding or (b) at the option of the petitioner, such undertaking may 40 be in a sum sufficient to cover the taxes, interest and penalties stated 41 in such determination, plus the costs and charges which may accrue 42 against it in the prosecution of the proceeding, in which event the 43 petitioner shall not be required to pay such taxes, interest or penal- 44 ties as a condition precedent to the application. 45 2. Where any tax imposed hereunder shall have been erroneously, ille- 46 gally or unconstitutionally assessed or collected and application for 47 the refund or revision thereof duly made to the proper fiscal officer or 48 officers, and such officer or officers shall have made a determination 49 denying such refund or revision, such determination shall be reviewable 50 by a proceeding under article seventy-eight of the civil practice law 51 and rules; provided, however, that (a) such proceeding is instituted 52 within four months after the giving of the notice of such denial, (b) a 53 final determination of tax due was not previously made, and (c) an 54 undertaking is filed with the proper fiscal officer or officers in such 55 amount and with such sureties as a justice of the supreme court shall 56 approve to the effect that if such proceeding be dismissed or the taxA. 1261 8 1 confirmed, the petitioner will pay all costs and charges which may 2 accrue in the prosecution of such proceeding. 3 3. In any proceedings instituted pursuant to this article the rules 4 and regulations of the commissioner shall be applied where applicable. 5 § 1449-mmmmmmm. Apportionment. The local law adopted by the legisla- 6 tive body of the county of Cortland shall provide for a method of appor- 7 tionment for determining the amount of tax due whenever the real proper- 8 ty or interest therein is situated within and without the county of 9 Cortland. 10 § 1449-nnnnnnn. Miscellaneous. The local law adopted by the legisla- 11 tive body of the county of Cortland may contain such other provisions as 12 such legislative body deems necessary for the proper administration of 13 the tax imposed pursuant to this article, including provisions concern- 14 ing the determination of tax, the imposition of interest on underpay- 15 ments and overpayments and the imposition of civil penalties. Such 16 provisions shall be identical to the corresponding provisions of the 17 real estate transfer tax imposed by article thirty-one of this chapter, 18 so far as such provisions can be made applicable to the tax imposed 19 pursuant to this article. 20 § 1449-ooooooo. Returns to be secret. 1. Except in accordance with 21 proper judicial order or as otherwise provided by law, it shall be 22 unlawful for the treasurer or any officer or employee of the county of 23 Cortland or any person engaged or retained by such county on an inde- 24 pendent contract basis to divulge or make known in any manner the 25 particulars set forth or disclosed in any return required under a local 26 law enacted pursuant to this article. However, that nothing in this 27 section shall prohibit the recording officer from making a notation on 28 an instrument effecting a conveyance indicating the amount of tax paid. 29 No recorded instrument effecting a conveyance shall be considered a 30 return for purposes of this section. 31 2. The officers charged with the custody of such returns shall not be 32 required to produce any of them or evidence of anything contained in 33 them in any action or proceeding in any court, except on behalf of the 34 county in any action or proceeding involving the collection of a tax due 35 under a local law enacted pursuant to this article to which such county 36 or an officer or employee of such county is a party or a claimant, or on 37 behalf of any party to any action or proceeding under the provisions of 38 a local law enacted pursuant to this article when the returns or facts 39 shown thereby are directly involved in such action or proceeding, in any 40 of which events the court may require the production of, and may admit 41 in evidence, so much of said returns or of the facts shown thereby, as 42 are pertinent to the action or proceeding and no more. 43 3. Nothing herein shall be construed to prohibit the delivery to a 44 grantor or grantee of an instrument effecting a conveyance or the duly 45 authorized representative of a grantor or grantee of a certified copy of 46 any return filed in connection with such instrument or to prohibit the 47 publication of statistics so classified as to prevent the identification 48 of particular returns and the items thereof, or the inspection by the 49 legal representatives of such county of the return of any taxpayer who 50 shall bring action to set aside or review the tax based thereon. 51 4. Any officer or employee of such county who willfully violates the 52 provisions of this section shall be dismissed from office and be incapa- 53 ble of holding any public office in this state for a period of five 54 years thereafter. 55 § 1449-ppppppp. Foreclosure. Where the conveyance consists of a trans- 56 fer of property made as a result of an order of the court in a foreclo-A. 1261 9 1 sure proceeding ordering the sale of such property, the referee or sher- 2 iff effectuating such transfer shall not be liable for any interest or 3 penalties that are authorized pursuant to this article or article thir- 4 ty-seven of this chapter. 5 § 2. This act shall take effect immediately and shall expire and be 6 deemed repealed seven years after such date.